Answer: As explained in the answer to question #1, a board of directors is responsible for the maintenance and operation of common areas. This authority also includes the right to charge a “guest fee” for the use of the facilities. Since the rule gives one person three “free” uses of the pool per season, the rule is intended to prevent abuse of the pool by repeated “guests” from the owners. Perhaps you could suggest a slight change in fees. Some associations offer a fee for “house guests” who spend more than a week with an owner. A flat rate is usually charged for this period and is lower than the daily rate for the occasional customer. When the temperature rises, it`s important to understand your pool`s rules and regulations before spraying! Owners often have questions about who can enforce pool rules, how to change rules they don`t like, guest fees for visiting grandchildren or friends, and the opportunity to give swimming lessons at your community pool. Firmin agrees. “Adopt rules of conduct,” he says. “And don`t try to enact rules that require supervision of children because the Fair Housing Act prohibits you from discriminating against families.” 4. Don`t forget to protect your HOA from risks as well.
Make sure you don`t get into an uncertain area of law with the rules and rules of your pool. “There are things that may not be obvious,” Drewes says. “The one that is often done, or at least tempting, is to say, `There should be no children under X in the pool without adult supervision.` There have been cases that have been prosecuted by the United States. Ministry of Housing and Urban Development or a state law enforcement agency. They held a housing provider – whether it was an association or an apartment complex – responsible for having such a rule when the age was not set at a legitimate age for the safety of the youth. Avoid an age limit. Adjust your rules to the person`s abilities or maturity. I know it may seem like a lot of effort and expense to give swimming lessons in your neighborhood pool. However, the board of directors must minimize the possible liability of the association and this can only happen with appropriate exemptions and assurances. Can anyone please help me with these new rules? I can`t find anything in versions 64E-9.007 or 64E-9.010 of 24.05.2009 that requires circulation systems to use only gravity-fed suction tanks. The rules can be found at: www.flrules.org/gateway/readFile.asp?sid=0&tid=7152118&type=1&file=64E-9.007.doc www.flrules.org/gateway/readFile.asp?sid=0&tid=7152409&type=1&file=64E-9.010.doc Q: Our homeowners association would like to amend our documents to include an application process for new buyers. I am concerned that this will reduce the pool of potential buyers.
I believe that the council has no right to interfere in the sale of my house. Do I have the right to exclude them from the implementation of this new “application procedure”? (L.L., by email) Pools can be an attractive piece of equipment that can be offered to residents as long as their liabilities are properly accounted for. Florida state regulations for commercial pools require required safety equipment, pool control panels, safety signs, as well as various other traditional pool construction and safety regulations. Your association`s board of directors should consider appointing a pool committee that can take responsibility for reviewing, updating and distributing pool rules. This process should begin with a review of all state and local regulations affecting pool operations to ensure compliance. The committee should review the rules annually to ensure they continue to address liability concerns and conduct a thorough inspection of all aspects of the pool facilities. Lifeguards should not be in front of their mobile phones, check pool passes, or perform services related to testing or cleaning the pool while on duty. The amendments propose that municipalities apply these requirements more strictly. A qualified common-interest grouping may be exempted from these requirements.
However, it must be a complete exemption or none. That is, if you choose a lifeguard, you must meet the requirements of the code. Our HOA documents clearly prohibit rentals of less than six months. Are we exempt from this legislation? We have a hot tub that has suction feeding. ANSWER: Probably not – please check with local authorities. The requirements of the federal law apply to pools that are not considered “public pools” for any other purpose. The Fair Housing Act (“FHA”) prohibits discrimination against people because of their “family status.” The FHA applies to both condominium and owner associations. The FHA makes it illegal to discriminate against any person “in the terms, conditions, or privileges of the sale or rental of a dwelling, or in the provision of related services or facilities, on the basis of race, color, religion, sex, marital status, or national origin.” Therefore, any discriminatory rule based on whether or not a household has children violates the FTA. Several lawsuits have tested swimming pool rules on the grounds that they discriminate against families with children. In some of these cases, rules requiring adult supervision were found to be contrary to the FTA.
Answer: No, you are not allowed to use the communal pool for swimming lessons. As an owner, you only have one easement to use the pool. They do not own the pool and have no interest in the pool. The pool belongs to your homeowners association, and your right to use the pool is subject to the rules and regulations adopted by the board. Therefore, the Commission may prohibit the use of the pool for commercial purposes. Amenities are community property that each owner is allowed to use. However, this right is not absolute. Community association documents condition the right to use amenities on the payment of assessments and giving the board the authority to issue and enforce appropriate rules and regulations governing the use of the common elements. Most associations have rules and regulations that apply to parking, pets, swimming pool, and tennis courts. In the case of RV parks or seniors` communities, the sign must also read: “This pool is closed if the owner or operator is not on the premises.” There are also additional signage requirements for a “health club”. Are you covered? Even if you take the right precautions, it`s important to be prepared in case of an accident.
Check with Tanner, Ballew and Maloof, Inc. to see if your association`s current liability insurance covers your pool risks. When talking to our team, also ask about the coverage conditions of a policy. If your pool does not comply with regulations, some policies may not pay in the event of a claim, so it is important to know what is required of you. Community association pools are often considered “public pools” regulated by Chapter 514, Florida law. Pools operated by private condominiums and co-ops with fewer than 32 units are usually exempt from certain regulations, but still must meet water quality standards.